General Defences

General
defences

Denial

·        
The
defendant denies that (set out facts).

·        
The
defendant does not admit that (set out facts).

·        

The
defendant admits that but says that

Protest.

·        
The
defendant denies that he is a partner in the defendant firm of

·        
The
defendant denies that he made the contract alleged or any contract with the
plaintiff.

·        

The
defendant denies that he contracted with the plaintiff as alleged or at all.

·        
The
defendant admits assets but not the plaintiff’s claim.

·        
The
defendant denies the plaintiff sold to him the goods mentioned in the plaint or
any of them.

Of
Limitation

The
suit is barred by article or article or the second schedule to the {See now the
Indian Limitation Act, 1908 (9 of 1908).}Indian Limitation Act, 1877 (15 of
1877.).

Jurisdiction

The
Court has no jurisdiction to hear the suit on the ground that (set forth the
grounds).

On
the day of a diamond ring was delivered by the defendant to and accepted by the
plaintiff inn discharge of the allege cause of action.

Insolvency

The
defendant has been adjudged an insolvent.

The
plaintiff before the institution of the suit was adjudged an insolvent and the
right to sue vested in the receiver.

Minority

The
defendant was a minor at the time of making the alleged contract.

Payment
into Court

The
defendant as to the whole claim (or as to Rs., part of the money claimed, or as
the case may be) has paid into Court Rs. and says that this sum is enough to
satisfy the plaintiff’s claim [or the part aforesaid].

Performance
remitted

The
performance of the promise alleged was remitted on the (date).

Rescission

The
contract was rescinded by agreement between the plaintiff and defendant.

Res
judicature

The
plaintiff’s claim is barred by the decree in suit (give the reference).

Estoppel

The
plaintiff is estopped from denying the truth of (inter statement as to which
estoppel is claimed) because (here state the facts relied on as creating the
estoppel.)

Ground
of defence subsequent to institution of suit

Since
the institution of the suit, that is to say, on the say of (set out facts).

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